A S ELANGODE Vs. A PALANICHAMY

JUDGEMENT

(1.) THIS Writ Appeal questions the order passed in the Review Application. The Appeal arises on the following facts:

(2.) IT appears that after a period of five years, i.e., on 7.9.2007, deeds of cancellation of the earlier sale deeds were presented by the first respondent and the same came to be registered by the Sub-Registrar. In view of the said cancellation of the earlier sale deeds, an Application was made by the first respondent for transfer of Patta on 20.9.2007. Only when a notice was received by the appellant, she came to know that the sale deeds executed and registered in her favour as early as on 1.11.2002 were unilaterally cancelled on 7.9.2007. When the objections to the notice were pending, she filed Writ Petition No,36608 of 2007 questioning the proceedings pending before the Tahsildar. Nevertheless, patta granted in favour of the appellant was cancelled on 1.12.2007 and therefore, another Writ Petition No,37686 of 2007 was filed on 17.12.2007 questioning the cancellation of Patta. Therefore, an Application for amendment of the prayer in the Writ Petition No,376876 of 2007 was filed seeking for setting aside the unilateral registration of the sale deeds and the amendment prayed for was ordered. The Writ Petition was heard and ultimately allowed by order dated 10.9.2008, having considered the submissions of both sides, on the ground that before the cancellation deeds were registered, the appellant, namely, the purchaser was not given any notice. IT was also directed that the Sub-Registrar shall consider the objections and pass orders on merits. After the passing of the above order, the first respondent filed the Review Application seeking to review the order passed in the Writ Petition on the ground that the pendency of the Suit in O.S. No,385 of 2008 relating to the title and injunction filed by the first respondent against the appellant was not considered. Having considered the said submission, the Review Application was allowed by the learned Judge and the earlier order was rescinded. This order is questioned in this Appeal.

(3.) THIS question came up for consideration before a Division Bench of this Court in E.R. Kalaivan v. The Inspector General of Registration and Another, 2009 (4) CTC 618 (Writ Appeal No,507 of 2009), to which one of us was a party. By judgment dated 9.7.2009, the Division Bench has held that such a registration is impermissible in Law. However, in support of the plea that such registration of deed of cancellation could be made, the judgment of the Supreme Court in State of Rajasthan v. Basant Nahata, 2005 (4) CTC 606, and the Division Bench judgment of this Court in Captain Dr. R. Bellie v. Sub-Registrar, 2007 (3) CTC 513: 2007 (3) MLJ 1025, as well the Full Bench judgment of the Andhra Pradesh High Court in Yanala Malleshwari and Others v. Ananthula Sayamma and Others, 2007 (1) CTC 97, were ralied upon.